Why Employee Training Must Be Evaluated Against Actual Job Responsibilities

A report of an incident at a hotel might only be several paragraphs. It contains the name of the guest, a description of the incident as well as the names of the staff members who responded.

The report may raise more than one question for an attorney. Who was the manager of the employees that were implicated in this particular case? Was surveillance footage preserved? Did the property adhere to its established procedures? Did the property have previous interactions not included in the report.

These questions demonstrate the reason why it’s often necessary to study business records before witnesses testify in a case involving hospitality.

Begin with the documents that are created in normal operation

Hotels create documents for training, scheduling guests service, scheduling, and administration. Although they weren’t made to aid in litigation, they could help establish how a property functioned in the aftermath of an incident.

A professional witness in hospitality will scrutinize the scheduling schedules for staff and operating procedures as well as documents for employee training, security logs and surveillance recordings in order to better comprehend the duties assigned to which personnel. A written policy might require managers to address employees who report an intoxicated client.

Investigating whether or if the manager was actually working on the report, whether or no report was communicated, and the reaction confirmed by the evidence is the objective. The goal is to analyze actual actions rather than to assume that written guidelines were adhered to or not followed.

There is a need for a separate interpretation of the restaurant records

The employees are split between the food service, beverage preparation as well as dining-room management. This is a major challenge for investigation into restaurant operations. A restaurant expert witness is able to clarify the impact of these duties on the decisions made by employees during service.

Imagine a situation in which the customer ordered drinks from the bar and was transferred to an area at a table. The bar receipt can be evidence of the purchase made at the bar, while table transaction records could document subsequent orders.

But, these records may not establish what the table server was aware of about the earlier service. The combination of server assignments and transaction times, as well as management notes, and employee records can help clarify the process. It is crucial to note distinctions: the fact that alcohol was purchased does not mean that staff noticed intoxication.

Casino Investigations Might require a different set of records

Casinos offer beverage services that differ significantly from conventional restaurant service. Other sources of information include complimentary drinks cocktails, mobile servers for drinks and gaming floor supervisors.

A certified witness at a casino can look over the staffing assignments for beverages along with surveillance footage and security reports as well as employees’ communication methods. If beverages are offered in a free service, traditional sales receipts can be insufficient.

In these circumstances an investigation can rely more heavily on surveillance, employee observation service records, and other documented procedures. The expert should be able to identify any shortcomings in the evidence, and not simply accept a faulty report.

Make sure you keep the evidence until it’s no more available

The preservation of documents that are time sensitive is an important concern when it comes to lawsuits involving hospitality. Surveillance systems might keep records for a limited time. Different systems or departments may save employee schedules, internal communications and incidental documents. Attorneys should be able to locate relevant records and take the necessary steps early.

It is contingent on what the claim is. For example an establishment may need the records of its dining room and bar. A resort-related incident could require event documentation as well as travel arrangements, or security messages. A targeted review can identify what records are essential and not assume that every department was involved.

The process of preparing paperwork is simpler when you have operational experience

Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has since provided advice to restaurant, hotel and resort owners across the United States.

His expert witness work involves issues involving hotels, restaurants, resorts, and casinos for defense and plaintiff attorneys. It’s useful to have an understanding of hospitality management when interpreting documents that appear simple to those who aren’t experienced in the field.

A staffing plan, for instance, identifies who was given the task. Knowing the model of service as well as the operational environment of a building is vital to determine if the assignments are supervised in a proper manner.

To build a stronger case and build a stronger case, you must ask better questions.

A thorough review of the expert’s work will assist attorneys in separating documented facts and unresolved questions. It can help determine which documents are worthy of requesting, or clarifying the language used to describe depositions.

It is not required to prove that a written policy was followed when there are discrepancies.

It is the value of an expert’s report that illustrates these distinctions using accepted industry practices and relevant evidence. Attorneys preparing for a lawsuit can benefit from understanding the operations and their employees prior to examining them. This will enable an in-depth investigation of what happened.

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